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TITLE IV-VIOLENCE AGAINST WOMEN - Sections 40131-40211
CHAPTER 3-SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS
SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME
TRANSPORTATION.
(a) General Purpose .-There is authorized to be appropriated
exceed $ 10,000,000, for the Secretary of Transportation
in this section as the "Secretary") to make capital grants for the
prevention of crime and to increase security in existing and future
public transportation systems. None of the provisions of this Act may
be construed to prohibit the financing of projects under this section
where law enforcement responsibilities are vested in a local public
body other than the grant applicant.
(b) Grants for Lighting, Camera Surveillance, and Security Phones .-
(1) From the sums authorized for expenditure under this section for
crime prevention, the Secretary is authorized to make grants and loans
to States and local public bodies or agencies for the purpose of
increasing the safety of public transportation by-
(A) increasing lighting within or adjacent to public transportation
systems, including bus stops, subway stations, parking lots, or
garages;
(B) increasing camera surveillance of areas within and adjacent to
public transportation systems, including bus stops, subway stations,
parking lots, or garages;
(C) providing emergency phone lines to contact law enforcement or
security personnel in areas within or adjacent to public
transportation systems, including bus stops, subway stations, parking
lots, or garages; or
(D) any other project intended to increase the security and safety of
existing or planned public transportation systems.
(2) From the sums authorized under this section, at least 75 percent
shall be expended on projects of the type described in subsection
(b)(1) (A) and (B).
(c) Reporting .-All grants under this section are contingent upon the
filing of a report with the Secretary and the Department of Justice,
Office of Victims of Crime, showing crime rates in or adjacent to
public transportation before, and for a 1-year period after, the
capital improvement. Statistics shall be compiled on the basis of the
type of crime, sex, race, ethnicity, language, and relationship of
victim to the offender.
(d) Increased Federal Share .-Notwithstanding any other provision of
law, the Federal share under this section for each capital improvement
project that enhances the safety and security of public transportation
systems and that is not required by law (including any other provision
of this Act) shall be 90 percent of the net project cost of the
project.
(e) Special Grants for Projects To Study Increasing Security for Women
.-From the sums authorized under this section, the Secretary shall
provide grants and loans for the purpose of studying ways to reduce
violent crimes against women in public transit through better design
or operation of public transit systems.
(f) General Requirements .-All grants or loans provided under this
section shall be subject to the same terms, conditions, requirements,
and provisions applicable to grants and loans as specified in section
5321 of title 49, United States Code.
SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN
NATIONAL PARKS.
Public Law 91-383 (16 U.S.C. 1a-1 et seq.) is amended by adding at the
end the following new section:
"SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.
"(a) Availability of Funds .-There are authorized to be appropriated
out of the Violent Crime Reduction Trust Fund, not to exceed $
10,000,000 for the Secretary of the Interior to take all necessary
actions to seek to reduce the incidence of violent crime in the
National Park System.
"(b) Recommendations for Improvement .-The Secretary shall direct the
chief official responsible for law enforcement within the National
Park Service to-
"(1) compile a list of areas within the National Park System with the
highest rates of violent crime;
"(2) make recommendations concerning capital improvements, and other
measures, needed within the National Park System to reduce the rates
of violent crime, including the rate of sexual assault; and
"(3) publish the information required by paragraphs (1) and (2) in the
Federal Register.
"(c) Distribution of Funds .-Based on the recommendations and list
issued pursuant to subsection (b), the Secretary shall distribute the
funds authorized by subsection (a) throughout the National Park
System. Priority shall be given to those areas with the highest rates
of sexual assault.
"(d) Use of Funds .-Funds provided under this section may be used-
"(1) to increase lighting within or adjacent to National Park System
units;
"(2) to provide emergency phone lines to contact law enforcement or
security personnel in areas within or adjacent to National Park System
units;
"(3) to increase security or law enforcement personnel within or
adjacent to National Park System units; or
"(4) for any other project intended to increase the security and
safety of National Park System units.".
SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC
PARKS.
Section 6 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460 l -8) is amended by adding at the end the following new
subsection:
"(h) Capital Improvement and Other Projects to Reduce Crime .-
"(1) Availability of funds .-In addition to assistance for planning
projects, and in addition to the projects identified in subsection
(e), and from amounts appropriated out of the Violent Crime Reduction
Trust Fund, the Secretary may provide financial assistance to the
States, not to exceed $ 15,000,000, for projects or combinations
thereof for the purpose of making capital improvements and other
measures to increase safety in urban parks and recreation areas,
including funds to-
"(A) increase lighting within or adjacent to public parks and
recreation areas;
"(B) provide emergency phone lines to contact law enforcement or
security personnel in areas within or adjacent to public parks and
recreation areas;
"(C) increase security personnel within or adjacent to public parks
and recreation areas; and
"(D) fund any other project intended to increase the security and
safety of public parks and recreation areas.
"(2) Eligibility .-In addition to the requirements for project
approval imposed by this section, eligibility for assistance under
this subsection shall be dependent upon a showing of need. In
providing funds under this subsection,
the Secretary shall give priority to projects proposed for urban parks
and recreation areas with the highest rates of crime and, in
particular, to urban parks and recreation areas with the highest rates
of sexual assault.
"(3) Federal share .-Notwithstanding subsection (c), the Secretary may
provide 70 percent improvement grants for projects undertaken by any
State for the purposes described in this subsection, and the remaining
share of the cost shall be borne by the State.".
CHAPTER 4-NEW EVIDENTIARY RULES
SEC. 40141. SEXUAL HISTORY IN CRIMINAL AND CIVIL CASES.
(a) Modification of Proposed Amendment .-The proposed amendments to
the Federal Rules of Evidence that are embraced by an order entered by
the Supreme Court of the United States on April 29, 1994, shall take
effect on December 1, 1994, as otherwise provided by law, but with the
amendment made by subsection (b).
(b) Rule .-Rule 412 of the Federal Rules of Evidence is amended to
read as follows:
"Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past
Sexual Behavior or Alleged Sexual Predisposition
"(a) Evidence Generally Inadmissible .-The following evidence is not
admissible in any civil or criminal proceeding involving alleged
sexual misconduct except as provided in subdivisions (b) and (c):
"(1) Evidence offered to prove that any alleged victim engaged in
other sexual behavior.
"(2) Evidence offered to prove any alleged victim's sexual
predisposition. [*H8806]
"(b) Exceptions .-
"(1) In a criminal case, the following evidence is admissible, if
otherwise admissible under these rules:
"(A) evidence of specific instances of sexual behavior by the alleged
victim offered to prove that a person other than the accused was the
source of semen, injury or other physical evidence;
"(B) evidence of specific instances of sexual behavior by the alleged
victim with respect to the person accused of the sexual misconduct
offered by the accused to prove consent or by the prosecution; and
"(C) evidence the exclusion of which would violate the constitutional
rights of the defendant.
"(2) In a civil case, evidence offered to prove the sexual behavior or
sexual predisposition of any alleged victim is admissible if it is
otherwise admissible under these rules and its probative value
substantially outweighs the danger of harm to any victim and of unfair
prejudice to any party. Evidence of an alleged
victim's reputation is admissible only if it has been placed in
controversy by the alleged victim.
"(c) Procedure To Determine Admissibility .-
"(1) A party intending to offer evidence under subdivision (b) must-
"(A) file a written motion at least 14 days before trial specifically
describing the evidence and stating the purpose for which it is
offered unless the court, for good cause requires a different time for
filing or permits filing during trial; and
"(B) serve the motion on all parties and notify the alleged victim or,
when appropriate, the alleged victim's guardian or representative.
"(2) Before admitting evidence under this rule the court must conduct
a hearing in camera and afford the victim and parties a right to
attend and be heard. The motion, related papers, and the record of the
hearing must be sealed and remain under seal unless the court orders
otherwise.".
(c) Technical Amendment .-The table of contents for the Federal Rules
of Evidence is amended by amending the item relating to rule 412 to
read as follows:
"412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual
Behavior or Alleged Sexual Predisposition:
"(a) Evidence generally inadmissible.
"(b) Exceptions.
"(c) Procedure to determine admissibility.".
CHAPTER 5-ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS
AGAINST WOMEN.
Part A of title XIX of the Public Health and Human Services Act (42
U.S.C. 300w et seq.) is amended by adding at the end the following new
section:
"SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
"(a) Permitted Use .-Notwithstanding section 1904(a)(1), amounts
transferred by the State for use under this part may be used for rape
prevention and education programs conducted by rape crisis centers or
similar nongovernmental nonprofit entities for-
"(1) educational seminars;
"(2) the operation of hotlines;
"(3) training programs for professionals;
"(4) the preparation of informational materials; and
"(5) other efforts to increase awareness of the facts about, or to
help prevent, sexual assault, including efforts to increase awareness
in underserved racial, ethnic, and language minority communities.
"(b) Targeting of Education Programs .-States providing grant monies
must ensure that at least 25 percent of the monies are devoted to
education programs targeted for middle school, junior high school, and
high school students.
"(c) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this section-
"(1) $ 35,000,000 for fiscal year 1996;
"(2) $ 35,000,000 for fiscal year 1997;
"(3) $ 45,000,000 for fiscal year 1998;
"(4) $ 45,000,000 for fiscal year 1999; and
"(5) $ 45,000,000 for fiscal year 2000.
"(d) Limitation .-Funds authorized under this section may only be used
for providing rape prevention and education programs.
"(e) Definition .-For purposes of this section, the term 'rape
prevention and education' includes education and prevention efforts
directed at offenses committed by offenders who are not known to the
victim as well as offenders who are known to the victim.
"(f) Terms .-The Secretary shall make allotments to each State on the
basis of the population of the State, and subject to the conditions
provided in this section and sections 1904 through 1909.".
SEC. 40152. TRAINING PROGRAMS.
(a) In General .-The Attorney General, after consultation with victim
advocates and individuals who have expertise in treating sex
offenders, shall establish criteria and develop training programs to
assist probation and parole officers and other personnel who work with
released sex offenders in the areas of-
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) Training Programs .-The Attorney General shall ensure, to the
extent practicable, that training programs developed under subsection
(a) are available in geographically diverse locations throughout the
country.
(c) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this section-
(1) $ 1,000,000 for fiscal year 1996; and
(2) $ 1,000,000 for fiscal year 1997.
SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT
OR DOMESTIC VIOLENCE VICTIMS AND THEIR COUNSELORS.
(a) Study and Development of Model Legislation .-The Attorney General
shall-
(1) study and evaluate the manner in which the States have taken
measures to protect the confidentiality of communications between
sexual assault or domestic violence victims and their therapists or
trained counselors;
(2) develop model legislation that will provide the maximum protection
possible for the confidentiality of such communications, within any
applicable constitutional limits, taking into account the following
factors:
(A) the danger that counseling programs for victims of sexual assault
and domestic violence will be unable to achieve their goal of helping
victims recover from the trauma associated with these crimes if there
is no assurance that the records of the counseling sessions will be
kept confidential;
(B) consideration of the appropriateness of an absolute privilege for
communications between victims of sexual assault or domestic violence
and their therapists or trained counselors, in light of the likelihood
that such an absolute privilege will provide the maximum guarantee of
confidentiality but also in light of the possibility that such an
absolute privilege may be held to violate the rights of criminal
defendants under the Federal or State constitutions by denying them
the opportunity to obtain exculpatory evidence and present it at
trial; and
(C) consideration of what limitations on the disclosure of
confidential communications between victims of these crimes and their
counselors, short of an absolute privilege, are most likely to ensure
that the counseling programs will not be undermined, and specifically
whether no such disclosure should be allowed unless, at a minimum,
there has been a particularized showing by a criminal defendant of a
compelling need for records of such communications, and adequate
procedural safeguards are in place to prevent unnecessary or damaging
disclosures; and
(3) prepare and disseminate to State authorities the findings made and
model legislation developed as a result of the study and evaluation.
(b) Report and Recommendations .-Not later than the date that is 1
year after the date of enactment of this Act, the Attorney General
shall report to the Congress-
(1) the findings of the study and the model legislation required by
this section; and
(2) recommendations based on the findings on the need for and
appropriateness of further action by the Federal Government.
(c) Review of Federal Evidentiary Rules .-The Judicial Conference of
the United States shall evaluate and report to Congress its views on
whether the
Federal Rules of Evidence should be amended, and if so, how they
should be amended, to guarantee that the confidentiality of
communications between sexual assault victims and their therapists or
trained counselors will be adequately protected in Federal court
proceedings.
SEC. 40154. INFORMATION PROGRAMS.
The Attorney General shall compile information regarding sex offender
treatment programs and ensure that information regarding community
treatment programs in the community into which a convicted sex
offender is released is made available to each person serving a
sentence of imprisonment in a Federal penal or correctional
institution for a commission of an offense under chapter 109A of title
18, United States Code, or for the commission of a similar offense,
including halfway houses and psychiatric institutions.
SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF
RUNAWAY, HOMELESS, AND STREET YOUTH.
Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.)
is amended-
(1) by redesignating sections 316 and 317 as sections 317 and 318,
respectively; and
(2) by inserting after section 315 the following new section:
"GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION
" Sec. 316. (a) In General .-The Secretary shall make grants under
this section to private, nonprofit agencies for street-based outreach
and education, including treatment, counseling, provision of
information, and referral for runaway, homeless, and street youth who
have been subjected to or are at risk of being subjected to sexual
abuse.
"(b) Priority .-In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to agencies that
have experience in providing services to runaway, homeless, and street
youth.
"(c) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this section-
"(1) $ 7,000,000 for fiscal year 1996;
"(2) $ 8,000,000 for fiscal year 1997; and
"(3) $ 15,000,000 for fiscal year 1998.
"(d) Definitions .-For the purposes of this section-
"(1) the term 'street-based outreach and education' includes education
and prevention efforts directed at offenses committed by offenders who
are not known to the victim as well as offenders who are known to the
victim; and
"(2) the term 'street youth' means a juvenile who spends a significant
amount of time on the street or in other areas of exposure to
encounters that may lead
to sexual abuse.".
SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.
(a) Court-Appointed Special Advocate Program .-
(1) Reauthorization .-Section 218(a) of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13014(a)) is amended to read as follows:
"(a) Authorization .-There are authorized to be appropriated to carry
out this subtitle- [*H8807]
"(1) $ 6,000,000 for fiscal year 1996;
"(2) $ 6,000,000 for fiscal year 1997;
"(3) $ 7,000,000 for fiscal year 1998;
"(4) $ 9,000,000 for fiscal year 1999; and
"(5) $ 10,000,000 for fiscal year 2000.".
(2) Technical amendment .-Section 216 of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13012) is amended by striking "this chapter"
and inserting "this subtitle".
(b) Child Abuse Training Programs for Judicial Personnel and
Practitioners .-
(1) Reauthorization .-Section 224(a) of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13024(a)) is amended to read as follows:
"(a) Authorization .-There are authorized to be appropriated to carry
out this subtitle-
"(1) $ 750,000 for fiscal year 1996;
"(2) $ 1,000,000 for fiscal year 1997;
"(3) $ 2,000,000 for fiscal year 1998;
"(4) $ 2,000,000 for fiscal year 1999; and
"(5) $ 2,300,000 for fiscal year 2000.".
(2) Technical amendment .-Section 221(b) of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13021(b)) is amended by striking "this chapter"
and inserting "this subtitle".
(c) Grants for Televised Testimony .-Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended-
(1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) to read as
follows: "(7) There are authorized to be appropriated to carry out
part N-
"(A) $ 250,000 for fiscal year 1996;
"(B) $ 1,000,000 for fiscal year 1997;
"(C) $ 1,000,000 for fiscal year 1998;
"(D) $ 1,000,000 for fiscal year 1999; and
"(E) $ 1,000,000 for fiscal year 2000.";
(2) in section 1402 (42 U.S.C. 3796aa-1) by striking "to States, for
the use of States and units of local government in the States";
(3) in section 1403 (42 U.S.C. 3796aa-2)-
(A) by inserting "or unit of local government" after "of a State";
(B) by inserting "and" after paragraph (1);
(C) in paragraph (2) by striking the semicolon at the end and
inserting a period; and
(D) by striking paragraphs (3) and (4);
(4) in section 1404 (42 U.S.C. 3796aa-3)-
(A) in subsection (a)-
(i) by striking "The Bureau" and all that follows through "determining
that" and inserting "An applicant is eligible to receive a grant under
this part if-";
(ii) in paragraph (1) by striking "there is in effect in such State"
and inserting "the applicant certifies and the Director determines
that there is in effect in the State";
(iii) in paragraph (2) by striking "such State law shall meet" and
inserting "the applicant certifies and the Director determines that
State law meets";
(iv) by inserting "and" after subparagraph (E);
(v) in paragraph (3)-
(I) by inserting "the Director determines that" before "the
application"; and
(II) by striking "; and" and inserting a period;
(vi) by striking paragraph (4);
(vii) by striking "Each application" and inserting the following:
"(b) Each application"; and
(viii) by striking "the Bureau" each place it appears and inserting
"the Director"; and
(B) by redesignating subsection (b) as subsection (c) and by striking
"The Bureau" and inserting "The Director";
(5) by striking section 1405 (42 U.S.C. 3796aa-4);
(6) in section 1406 (42 U.S.C. 3796aa-5)-
(A) in subsection (a)-
(i) by striking "State which" and inserting "State or unit of local
government that";
(ii) by striking "title" and inserting "part"; and
(iii) in paragraph (1) by striking "State"; and
(B) in subsection (b)(1) by striking "such State" and inserting "the
State and units of local government in the State";
(7) in section 1407 (42 U.S.C. 3796aa-6)-
(A) in subsection (c)-
(i) by striking "Each State" and all that follows through "effective
audit" and inserting "Grant recipients (or private organizations with
which grant recipients have contracted to provide equipment or
training using grant funds) shall keep such records as the Director
may require by rule to facilitate such an audit."; and
(ii) in paragraph (2) by striking "States which receive grants, and of
units of local government which receive any part of a grant made under
this part" and inserting "grant recipients (or private organizations
with which grant recipients have contracted to provide equipment or
training using grant funds)"; and
(B) by adding at the end the following new subsection:
"(d) Utilization of Private Sector .-Nothing in this part shall
prohibit the utilization of any grant funds to contract with a private
organization to provide equipment or training for the televising of
testimony as contemplated by the application submitted by an
applicant.";
(8) by striking section 1408 (42 U.S.C. 3796aa-7); and
(9) in the table of contents-
(A) in the item relating to section 1405 by striking "Allocation and
distribution of funds under formula grants" and inserting
"(Repealed)"; and
(B) in the item relating to section 1408 by striking "State office"
and inserting "(Repealed)".
Subtitle B-Safe Homes for Women
SEC. 40201. SHORT TITLE.
This title may be cited as the "Safe Homes for Women Act of 1994".
CHAPTER 1-NATIONAL DOMESTIC VIOLENCE HOTLINE
SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended by adding at the end the following new section:
"SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
"(a) In General .-The Secretary may award a grant to a private,
nonprofit entity to provide for the operation of a national, toll-free
telephone hotline to provide information and assistance to victims of
domestic violence.
"(b) Duration .-A grant under this section may extend over a period of
not more than 5 years.
"(c) Annual Approval .-The provision of payments under a grant under
this section shall be subject to annual approval by the Secretary and
subject to the availability of appropriations for each fiscal year to
make the payments.
"(d) Activities .-Funds received by an entity under this section shall
be used to establish and operate a national, toll-free telephone
hotline to provide information and assistance to victims of domestic
violence. In establishing and operating the hotline, a private,
nonprofit entity shall-
"(1) contract with a carrier for the use of a toll-free telephone
line;
"(2) employ, train, and supervise personnel to answer incoming calls
and provide counseling and referral services to callers on a
24-hour-a-day basis;
"(3) assemble and maintain a current database of information relating
to services for victims of domestic violence to which callers may be
referred throughout the United States, including information on the
availability of shelters that serve battered women; and
"(4) publicize the hotline to potential users throughout the United
States.
"(e) Application .-A grant may not be made under this section unless
an application for such grant has been approved by the Secretary. To
be approved by the Secretary under this subsection an application
shall-
"(1) contain such agreements, assurances, and information, be in such
form and be submitted in such manner as the Secretary shall prescribe
through notice in the Federal Register;
"(2) include a complete description of the applicant's plan for the
operation of a national domestic violence hotline, including
descriptions of-
"(A) the training program for hotline personnel;
"(B) the hiring criteria for hotline personnel;
"(C) the methods for the creation, maintenance and updating of a
resource database;
"(D) a plan for publicizing the availability of the hotline;
"(E) a plan for providing service to non-English speaking callers,
including hotline personnel who speak Spanish; and
"(F) a plan for facilitating access to the hotline by persons with
hearing impairments;
"(3) demonstrate that the applicant has nationally recognized
expertise in the area of domestic violence and a record of high
quality service to victims of domestic violence, including a
demonstration of support from advocacy groups, such as domestic
violence State coalitions or recognized national domestic violence
groups;
"(4) demonstrates that the applicant has a commitment to diversity,
and to the provision of services to ethnic, racial, and non-English
speaking minorities, in addition to older individuals and individuals
with disabilities; and
"(5) contain such other information as the Secretary may require.
"(f) Authorization of Appropriations .-
"(1) In general .-There are authorized to be appropriated to carry out
this section-
"(A) $ 1,000,000 for fiscal year 1995;
"(B) $ 400,000 for fiscal year 1996;
"(C) $ 400,000 for fiscal year 1997;
"(D) $ 400,000 for fiscal year 1998;
"(E) $ 400,000 for fiscal year 1999; and
"(F) $ 400,000 for fiscal year 2000.
"(2) Availability .-Funds authorized to be appropriated under
paragraph (1) shall remain available until expended.".